Why Is Justice Thomas on the Warpath Against Abortion?
Justice Thomas in two concurrences to denial of cert excoriates the Court’s abortion case law.
Why Is Justice Thomas on the Warpath Against Abortion? Read More
abortion
What’s at the Bottom of Abortion Rights? An Understandable, but False, Syllogism
Abortion is not properly upheld as providing equal rights for women.
What’s at the Bottom of Abortion Rights? An Understandable, but False, Syllogism Read More
Is the Mother in “Involuntary” Servitude to Her Unborn Child?
Carrying a child to term is not “involuntary servitude under the Thirteenth Amendment
Is the Mother in “Involuntary” Servitude to Her Unborn Child? Read More
The People have already spoken on abortion, Part 2
In part 1 of this blog, I suggested that a plain reading of the text of the Fourteenth Amendment included the unborn in the class of “any person” to whom are given the benefits of due process and equal protection from the reaches of the States and (through the Fifth Amendment) the Federal Government before
The People have already spoken on abortion, Part 2 Read More
The People have already spoken on abortion, Part 1
Roe v. Wade has frequently been criticized because it has taken out of the democratic process the decision of when life begins and when a fetus should achieve legal rights. Allowing individual States to make the decisions, those who advance this argument says, will help unify us (at least those of us whose voice can
The People have already spoken on abortion, Part 1 Read More
Eighth Circuit Opens the Door for a Proper “Undue Burden” Analysis on the Availability of Abortion Services
On September 10, 2018, the Eighth Circuit in Comprehensive Health of Planned Parenthood Great Plains v. Hawley (No. 17-1996) smacked the district court for entering a preliminary injunction against Missouri regulations that are designed to improve the safety of abortion surgery. The district court had applied like a blunt instrument the Supreme Court’s latest pronouncement